Ram Niwas Sah @ Mahakal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69708 of 2018 Arising Out of PS. Case No.-235 Year-2018 Thana- Jogbani District- Araria ====================================================== Ram Niwas Sah @ Mahakal, S/o Lal Chand Sah, Resident of villageTikuliya Basti, P.S.-Jogbani, District- Araria. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Sri Mukesh Kumar Rana For the Opposite Party/s :

Dr. Indiwar Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 30-11-2018 Heard Sri Mukesh Kumar Rana, learned counsel for the petitioner and Dr. Indiwar Kumari, learned Additional Public Prosecutor.

The sole petitioner, who is in custody only since 15.09.2018 has prayed for grant of bail in connection with Special Case No. 22 of 2018 corresponding to Jogbani P.S. Case No. 235 of 2018 registered for the offence under Section 21 (C ) / 22 of the Narcotic Drugs And Psychotropic Substances Act, 1985 [ hereinafter referred to as the "N.D.P.S. Act" ] and Section 27 ( ii ) / 28 read with Section 36 of the Drugs & Cosmetics Act.

It was submitted by learned counsel for the petitioner that petitioner has been arrayed as accused only on the basis of confessional statement of Mantu Singh i.e. one of the co-

Patna High Court Cr.Misc. No.69708 of 2018(2) dt.30-11-2018 2/2 -accused. He submits that except confession there is no other material, however learned Additional Public Prosecutor submits that Mantu Singh, one of the F.I.R. named accused has made disclosure that this petitioner and one another accused had persuaded him to come for commission of such crime. Besides this he has also drawn my attention to the statement made in paragraph 3 of the petition to show that besides the present case petitioner was earlier made accused in two cases and one case is in relation to offence under the N.D.P.S. Act. Considering the nature of accusation as well as antecedent of the petitioner there is no reason to pass favourable order.

The prayer for grant of bail stands dismissed. (Rakesh Kumar, J) praful/- U T